Ray's Adm'r v. Womble
Supreme Court of Alabama
Appeal from tbe Chancery Court of Colbert. Heard before tbe Hon. H. C. Speake. Tbe bill in this case was filed on tbe 24th May, 1860, by Dabney G. Bay, against D. C. Oates, and tbe sheriff of said county, A. A. Hughes; and sought to set aside a sale of the complainant’s lands under execution, to cancel the sheriff’s deed to the purchaser, and to enjoin an action at law which the purchaser had instituted for the recovery of the lands.
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Appeal from tbe Chancery Court of Colbert. Heard before tbe Hon. H. C. Speake. Tbe bill in this case was filed on tbe 24th May, 1860, by Dabney G. Bay, against D. C. Oates, and tbe sheriff of said county, A. A. Hughes; and sought to set aside a sale of the complainant’s lands under execution, to cancel the sheriff’s deed to the purchaser, and to enjoin an action at law which the purchaser had instituted for the recovery of the lands. The lands consisted of the north-east and south-east quarters of section twenty-two (22), in township three (8), range fifteen (15) west, and together…
1Opinion of the CourtBeickell, C. J.
The amended bill presented a different case from that stated in the original bill, entitling the complainant to different relief; and it was, for that cause, if not for others, subject to the demurrer interposed. In the case of Lockett v. Hurt, at the present term, we passed on an original bill, seeking relief on alternative statements, similar to the statements found in the original and amended bills filed in this cause, without an inquiry into the inconsistency and repugnancy of the case presented, because the statute confines attention to the causes of demurrer specially assigned, and the…
2Cases cited6 opinions
- Henry v. Davis & ClarkNew York Court of Chancery · 1823
- Henderson v. SublettSupreme Court of Alabama · 1852
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
- Lankford v. JacksonSupreme Court of Alabama · 1852
- Powell v. GovernorSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- White v. FarleySupreme Court of Alabama · 1886
- Martin v. JonesSupreme Court of Alabama · 1958
26 more not listed; retrieve them via the Exa API.